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SUMMIT MEDICAL ASSOCIATES, P.C. v. SIEGELMAN

No. Civ.A. 97-T-1149-N.

130 F.Supp.2d 1307 (2001)

SUMMIT MEDICAL ASSOCIATES, P.C., et al., Plaintiffs, v. Don SIEGELMAN, etc., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

February 26, 2001.

Attorney(s) appearing for the Case

Kathryn Kolbert, Julie Kay, Simon Heller, New York City, David A. Gespass, Kathleen M. Johnson, Gespass & Johnson, Birmingham, AL, for Plaintiffs.

Algert S. Agricola, Jr., Wallace, Jordan, Ratliff & Brandt, L.L.C., Montgomery, AL, Robert D. Tambling, Charles B. Campbell, Andrew W. Christman, Office of the Attorney General, Montgomery, AL, Albert L. Jordan, Kimberly R. West, Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, AL, Alice Ann Byrne, State Personnel Department, Montgomery, AL, William P. Gray, Jr., Gray & Associates, Birmingham, AL, P. Leigh O'Dell, Montgomery, AL, for Defendants.

OPINION

MYRON H. THOMPSON, District Judge.

The important issue before the court is the constitutionality of the Alabama Partial-Birth Abortion Ban Act of 1997, 1975 Ala.Code §§ 26-23-1 to 26-23-6, which proscribes what it terms "partial-birth abortions." Most recently, in addressing a challenge to a similar statute from another State, the United States Supreme Court wrote:

"We again consider the right to an abortion. We understand the...

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